Legal Opinion

Kritzer v. Sweet

Michigan Supreme Court

Decided September 29, 1885PublishedCited by 2 opinions

Error to Newaygo. (Fuller J.) Assumpsit. Defendant brings error. Liability as a partner arises (1) from being a partner ; (2) from holding one’s self out as a partner or allowing one’s self to be, in such manner as to be estopped from denying it: 1 Colly. Part. 75; Pars.

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Error to Newaygo. (Fuller J.) Assumpsit. Defendant brings error. Liability as a partner arises (1) from being a partner ; (2) from holding one’s self out as a partner or allowing one’s self to be, in such manner as to be estopped from denying it: 1 Colly. Part. 75; Pars. Part. 63 ; Dickinson v. Valpy 10 B. & C. 128; Benedict v. Davis 2 McL. 347; if one holds himself out as partner, that does not make him liable as such, except to those who are thereby led to believe he is a partner, and give credit on that account; 1 Smith Lead. Cas. 981; Wood v. Pennell 51 Me. 52; Bowie v. Maddox 29 Ga. 285…

1Opinion of the CourtSherwood, J.

The plaintiff brought an action of assumpsit against the defendants as copartners, to recover of them a *618balance claimed to be his due on account for, flour and feed sold and furnished to defendants. The declaration was on the common counts, and the plea was the general issue. The cause was tried in the Newaygo circuit before Judge Fuller, by jury, and the plaintiff recovered a judgment for $607.49. The defendant Wyatt did not appear or defend. Sweet brings error.

The plaintiff’s account commenced . on the 26th day of March, 1874, and continued until the 12th day of May, 1875, consisting of…

2Cited by2 opinions

  1. Look v. C. A. Watson & SonsSupreme Judicial Court of Maine · 1918
  2. P. Hoffmaster Sons Co. v. HodgesMichigan Supreme Court · 1908

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